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Home My WebLink About07-1254~~ i Barbara Sumpl Supreme Court 549 Bridge Stri New Cumberla (717) 774-144: ROSE KUL: PENN W 17 Esquire PA 17070 ~, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O'1' ~ ,~2s`~ CIVIL ?, INC. Defendant NOTICE You: following pa; served, by er court your d• fail to do so court withou relief request you. DO NOT THE OFl HELP. gave been sued in court. If you wish to defend against the claims set forth in the ;es, you must take action within twenty (20) days after this complaint and notice are tering a written appearance personally or by attorney and filing in writing with the tenses or objections to the claims set forth against you. You are warned that if you he case may proceed without you and a judgment may be entered against you by the ;further notice for any money claimed in the complaint or for any other claim or ~d by the plaintiff. You may lose money or property or other rights important to SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU EVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ;E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple- ullivan, Esquire Supreme Court # 2317 549 Bridge Street New Cumberland PA 17070 (7171774-1445 ROSE KULP, Plaintiff v. PENN WAST ,INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - /~~y CIVIL COMPLAINT 1. Plaintiff is Rose Kulp, an individual residing at 568 Valley Street, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant is Penn Waste, Inc., a Pennsylvania corporation with its principal office located at 105 Leader Heights Road, York, York County, Pennsylvania 17403. Defendant is in the business of trash and garbage removal. 3. Plaintiff is the owner of a condominium unit at the aforesaid address in which she resided. 4. On or about November 29, 2005 at 7:00 a.m., an employee of Defendant was collecting garbage in a vehicle owned by the Defendant when the driver lost 1 control and the vehicle slammed into and severely damaged Plaintiff's residence at 568 Valley Street, Summerdale, Cumberland County, Pennsylvania 17093. 5. Plaintiff was at home at the time of the occurrence and was emotionally distressed by the act. 6. As a result of the building being struck by Defendant's equipment and employee, significant property loss occurred to Plaintiff. 7. Plaintiff was displaced from the residence for a period of almost one year while the damages to the condominium unit were contracted for and repaired. 8. Plaintiff continued to suffer significant emotional distress as a result of the incident, including her residence being demolished, her mandated relocation from the property for an extended period at her advanced age and loss of her personal and household property. 9. Plaintiff had to seek medical treatment with Dr. Sharon Kline to assist her with her anxiety and stress resulting from the occurrence. She has been treated for depression and high blood pressure and was prescribed Lisonopril and Zoloft. 2 Neither condition existed prior to the accident. 10. Plaintiff has suffered pecuniary significant losses which continue to go uncompensated by the Defendant, which losses specifically include loss of household and personal property valued in excess of TEN THOUSAND DOLLARS ($10,000.00). 11. Despite repeated demand, Defendant, has failed to compensate Plaintiff for said losses. WHEREFORE, Plaintiff seeks damages in excess of TEN THOUSAND ($10,000.00) DOLLARS, plus interest and costs of suit. Dated: Mazch 6, 2007 Bazbaza Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 32317 (717) 774-1445 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 ROSE KULP, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. NO. CIVIL PENN WASTE, INC. Defendant VERIFICATION I, ROSE KULP, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A..4904 relating to unsworn falsification to authorities. ~ _ DATED: ~ ~ ~~ ~ , 2007 Rose Kulp ~ (~~ r~r~~( ~1 ~~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~. ~-r, 1 (1 j=-' +.1 7 '~ } C~t ~- -;? , '~•~ ~ -y( C~ : i7 ~ :J .{ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 ROSE KULP, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v No. 2007 - 1254 PENN WASTE, INC., Defendant :CIVIL ACTION PRAECIPE TO MARK CASE SETTLED TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued with prejudice. DATE: Apri12, 2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 C? r ~ `~ Q -„ _ _.~, ` -; - ~ ~~°- - a~ -r~ rr; -Y< - i '~" °r) c': tom- ~ ~.. -q _~ z i :~ ,y G_ N t`t"~ __... ~° SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01254 P COMMONWEALTH OF PENNSYLVANIA: • COUNTY OF CUMBERLAND KULP ROSE VS PENN WASTE INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT PENN WASTE INC but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE On March 29th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answ ,.a ~' Docketing 18.00 ~,,, Out of County 9.00 Surcharge 10.00 Thomas lin Dep York County 36.58 Sheriff of Cumberland County Postage 1.26 74.84 / '-1 ~ON~O'1 03/29/2007 BARBARA SUMPLE SULLIVAN Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A.D. s COUNTY OF YORK OFFICE OF THE SHERIFF SER )17 1 96 ;L 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN ~"~~'~ ~~ ~'Y ~"'~ ~' DES Mt~-T ~i ~Y 1 PLAINTIFFrSI 2. COURT NUMBER Rose Kulp 07-1254 civil 3 DEFENDANTISr 4. TYPE OF WRIT OR COMPLAINTN O T I C E& C I C A Penn Waste Inc Notice and. Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Penn Waste Inc i 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP ,STATE AND ZIP CODE) AT 105 r H i 7. INDICATE SERVICE: O PERSONAL ^ PERSON IN CHARGE EPUTIZE '.t CE T. IL 1S CLASS MAIL U POSTED 'J OTHER NOw March 13 , 20 Q7 1, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Wri d k urn there f• ing to law. This deputization being made at the request and risk of the plaintiff. , ' c 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVI~'~ Q F C 0 U N T Y r ADVANCE FEE PAID BY ATTY. Please mail return of service to Ctanberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherAf levying upon or attaching any property under within wnt may leave same widtout a watchman, in custody of whomever is found in possession, after notifying person of levy or ariachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any bss, desWCtion, or removal of any property before sherifTs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURES A R B A R A SAMPLE S U L L I V A 0. TELEPHONE NUMBER 11. DATE FILED 549 BRIDGE STREET, NEW CUMBERLAND, PA 17070 _ 17-774-1445 3-7-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF TEE - DO NOT WttITE BELOW TN5 LlI~E 13. 1 acknowledge receipt of the wrA 14. DATE RECEIVED 15 Expiration/Hearing Date o< complaint as indicated above. M J M C G I L L Y C S O 3/ 14 / 2 0 0 7 4/ 5/ 2 0 0 7 16. HOW SERVED' PERSONAL (x RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certiy and return a NOT FOUND because I am unable to locate the individual, company, etc. named atx~ve. (See remarks below.) 18. NAME ANO TITLE OF 1 NIDUAI SERVED !LIST ADDRESS HE IF NOT SHO ABOVE ( lationship to Defendant) 19. Date of Se rv ice 20 Time of Serv ce ~ f ~~' I ~/ i • /W Iti 21. ATTEMPTS D to Time Miles Int. Date Time Miles Int. Date Time Miles Int. Da Time Miles Int. Date Time Miles Int. Date Time Miles Int. t2 LL. KrMAKR,Y " SEY7VED >~ I S~S ~nICK y,~~c~ R~ ~ivll6sV~c.~~~ i+~~1. THIS IS NE4~~ ADDRESS ~~Nt ~ 7G7- ~f~s~ 23. Advance Costs 24. Service Costs 25. N/F 26. Mi~ e 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. C~ s 33 C~ ar Refund f k Nom $100.00 5 34. ForNpn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MAeage/PoslagrlNOt Found 39. Total Costs 40. Costs Oue or Refund SO ANS11 41. AFFIRMED and wbsaibed to befor me this ~ TH ~~,,((~~ 44. Signatu of 42. day of ~~Zd" T Dep. Sheri NOTARIAL NOTARY 46. Signature ofYOrk ,. LISA L. B041/*rA(J, NOTARY PUBLIC FUCO",°~f~LE;t~1 ~ SH SH ~;i:TVF~G CITY OF YCRK, YORK COUN"I`Y 1 s MY COMMISSION EXPIRES AUG. 12, 2009 46. SgnatureofForegn _ .__ CeunN SheriR 3/26/t) % 49 DATE